Denver Post: A victory for Colorado voters

For the second time in just over a year, a judge has rejected Secretary of State Scott Gessler's interpretation of Colorado law as it pertains to inactive voters.

If you value participatory democracy, that's a good thing.

In 2011, Gessler had sought to prevent Denver's clerk from sending ballots in an all-mail election to otherwise eligible voters who had failed to cast ballots in the 2010 general election.

Gessler argued that state law dictates that ballots be mailed only to active voters. He challenged Denver's effort to mail ballots to registered voters who had not voted in the prior election and failed to respond to postcards notifying them of their inactive status.

We disagreed with Gessler's interpretation of the law then, as did a Denver District Court judge, who allowed Denver to send the ballots.

On Monday, a District Court judge again found that Denver Clerk and Recorder Debra Johnson was right in her interpretation of the law.

The goal for elections should be participation, a notion supported by the ruling reported this week.

"This is a fundamental issue of fairness and ensuring that the voting process is accessible. Eligible voters deserve equal access to the ballot and we look forward to resolving this issue once and for all," Johnson said after the ruling was announced.

State lawmakers will very likely be asked to resolve the issue.

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Though a bill has yet to be filed, Colorado election clerks have said they would like clarity on the issue.

Gessler is proposing a plan that would allow clerks to take additional steps to notify eligible voters via email.

A better step, in our view, is to send ballots to all registered voters in all-mail elections.

Our voting laws should be set up to encourage participation, particularly as it pertains to people whose eligibility to vote is not in question.

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